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JAMES v. STATE

No. 4099.

368 S.C. 323 (2006)

628 S.E.2d 892

Willie JAMES, Petitioner v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided March 27, 2006.

Attorney(s) appearing for the Case

Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Sabrina Todd, Office of Attorney General, all of Columbia, for Respondent.

GOOLSBY, J.:

This is a PCR case. The petitioner Willie James contends his counsel was ineffective for not objecting to the State's failure to provide written notice to him of its intention to seek a sentence of life imprisonment without parole as required by S.C.Code Ann. § 17-25-45(H) (2003). The trial court dismissed James' petition. We reverse and remand for resentencing.

An indictment charged James with armed...

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